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ROAD guARD RAIL
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Section 4967.10 | Relief for dissenting shareholder.

...nts in a consolidation or merger of railroad companies pursuant to section 4967.04 of the Revised Code is entitled to relief as a dissenting shareholder under section 1701.85 of the Revised Code.

Section 4967.12 | Property of old companies vests in new - rights of creditors not impaired.

...Upon the consummation of any consolidation or merger, all the rights, privileges, and franchises of each of the companies, parties to the agreement of consolidation or merger, and all its property, debts due on account of subscriptions for stock, and other things in action, are to be deemed transferred to and vested in, or remain vested in, such new or surviving company without further act or deed. All property, righ...

Section 4967.13 | Disposition of stocks and bonds acquired upon consolidation or merger.

...A consolidated railroad company created by or existing under the laws of this state, or of this state and any other state, may take, hold, pledge, or otherwise dispose of, under such terms and agreements as the board of directors of such company prescribes, the stock and bonds of any other company acquired upon any consolidation or merger or received by virtue of any purchase, lease, or operating contract. Such compa...

Section 4967.14 | Consolidated company may issue stock in lieu of purchase money.

...When a consolidated railroad company described in section 4967.13 of the Revised Code is in possession of or operating in connection with or extension of its own railroad, any other railroad in this state or any other state, under purchase, conveyance, lease, contract, or agreement, such company may take a surrender or transfer of the whole or a part of the capital stock of the company conveying, leasing, or owning s...

Section 4967.15 | Property of company acquired by purchase vested in consolidated company.

...the common seal of the consolidated railroad company to which such surrender or transfer was made, the estate, property, rights, privileges, and franchises of the company whose stock was so surrendered or transferred vests in and is held and enjoyed by such consolidated company as fully and entirely, without change or diminution, as they before were held and enjoyed and shall be managed and controlled by the board of...

Section 4967.16 | Effect of consolidation.

... Code do not relieve a consolidated railroad company from paying the fee provided by section 111.16 of the Revised Code in case a corporation files a certificate for an increase of its capital stock. The rights of a stockholder not surrendering or transferring his stock are not affected, nor are existing liabilities or the rights of creditors of the company whose stock has been so surrendered or transferred affected,...

Section 4967.17 | Principal office.

...convenient after a consolidation of railroad companies resulting in the formation of a new company, the new company shall establish a principal office at some point in this state on the line of its railroad, but may change it at pleasure. Public notice of such establishment or change shall be given by publication in a newspaper of general circulation in the state, and by filing a written notice thereof with the secre...

Section 4967.18 | Taxation of property of railroad located in this state.

...That part of the railroad of a consolidated or surviving railroad company located in this state, and all its real and personal property in this state, shall be listed for taxation and taxed in the same manner as the railroad and property of other railroad companies in this state. To ascertain the proportion of the rolling machinery subject to taxation here, the officer listing it shall ascertain the value of all the ...

Section 4967.19 | Actions against new company.

...ompany formed by a consolidation of railroad companies, or against the surviving company in the case of a merger, in the courts of this state for all causes of action, in the same manner as against other companies.

Section 4967.20 | Proof of charters not required.

... charge a consolidated or surviving railroad company with a liability of any company party to the consolidation or merger, it is not necessary to produce or prove: (A) The charters of such companies; (B) The laws of the several states under and by virtue of which such consolidation or merger was effected; (C) The original articles of consolidation or merger.

Section 4967.21 | Two or more companies owning a road may divide and dispose of it.

...When two or more railroad companies are owners in common of the whole or a part of a railroad located within this state, and by reason of inequality in the amount of business done on such railroad by each company require a different degree and extent of improvement and development, such companies may enter into any arrangement they agree upon for enlarging, improving, developing, or increasing the facilities of such ...

Section 4967.22 | Proceedings when companies cannot agree on a division.

...r for the division and sale of, the railroad and appurtenances or part thereof so owned in common, either company may file with the public utilities commission a statement, under its seal, of the character and estimated cost of any addition or change in the nature of the roadbed, right of way, main tracks or sidetracks, bridges, culverts, buildings, structures, fixtures, or appurtenances, or any part thereof, of such...

Section 4967.23 | Cost of improvements.

...ner may then have passing over such railroad. If either owner fails or refuses to pay the share of cost due from it on the basis fixed in this section, or within the period fixed by such commission, suit may be entered and judgment taken against that party. Such judgment shall be a valid lien upon the interest in such railroad or part thereof owned jointly of such party in default, and may be sold at public sale as ...

Section 4967.24 | Partition not compulsory.

...Sections 4967.21 to 4967.23, inclusive, of the Revised Code, do not imply or confer a right or power of compulsory partition of the joint property against the will of either of the joint owners, but it may be sold upon execution as provided in such sections.

Section 4967.25 | Company selling interest may purchase or condemn land along route.

...lusive, of the Revised Code, either railroad company sells or conveys, or suffers to be sold or conveyed, its interest in the railroad or part thereof so owned in common, such company may acquire by purchase or condemnation such land as it needs to construct, maintain, and operate a railroad along and adjacent to such part of its chartered route as was so sold or conveyed, and it shall have and enjoy all rights and f...

Section 4967.26 | Application in case of lease.

...sed Code, apply in case one or more railroad companies or owners in common has leased its interest in the portion of railroad owned in common, and the lessee of such interest may unite with the lessor in the agreement provided for in section 4967.21 of the Revised Code, or with such lessor and owner, be compelled to make or pay for the addition and improvements contemplated in such section.

Section 4969.01 | Sale of roadbed and right of way.

...n part a roadbed and right of way for a railroad within this state, including those acquired by purchase at judicial sale, which, from lack of means or other cause, is unable to complete the construction of the proposed railroad theron, may sell, assign, and transfer it, or a part thereof, to any other company incorporated under the laws of this state, with authority to construct and operate a railroad over the same ...

Section 4969.02 | Consent to sale by stockholders.

... point on, or at a terminus of, the railroad, of which meeting he shall cause at least thirty days' notice to be published in a newspaper published in or in general circulation in each county in which such roadbed and right of way are situated. By a concurrent vote of two thirds in interest of the stock represented at such meeting by the owners thereof, in person or by proxy, the meeting may declare by resolution the...

Section 4969.03 | Dissenting stockholder may retain interest.

...No transfer shall be made under section 4969.01 of the Revised Code against the dissent of any stockholder, expressly declared and filed in writing at the meeting provided by section 4969.02 of the Revised Code, without the guaranty of the grantee company that it will issue to him, certificated of its capital stock, equal in amount to his pro rata interest as a stockholder of the grantor, in the amount for which the ...

Section 4969.04 | Title vests in grantee.

...on, maintenance, and operation of a railroad thereon, shall pass to and vest in the grantee company, by the execution of the deed referred to by section 4969.01 of the Revised Code, to the same extent as the granting company might or could use, occupy, and enjoy it.

Section 4969.05 | Certain contracts of sale void unless recorded.

...No contract for the sale of railroad equipment, rolling stock, or other personal property to be used in or about the operation of a railroad, by the terms of which the purchase money, in whole or part, is to be paid in the future, and in which it is stipulated or conditioned that the title to the property sold shall not vest in the vendee, but shall remain in the vendor until the purchase money has been fully paid, i...

Section 4969.06 | Parties may provide for a conditional sale in a lease.

... the renting, leasing, or hiring of railroad equipment, rolling stock, or other personal property to be used in or about the operation of a railroad, may stipulate or provide for a conditional sale of the property at the termination of such renting, leasing, or hiring, and may stipulate or provide that the rental reserved as paid, or when paid in full, shall be applied and treated as purchase money. Such contract may...

Section 4969.07 | Sale of equipment.

..., not only to contracts made with a railroad company as vendee or lessee, but also apply to all contracts which may be made with any interurban railroad or street railway company, or other company, corporation, or person as vendee or lessee, by which any such interurban railroad or street railway company, or other corporation, company, or person undertakes to purchase, rent, lease, or hire any railroad, or interurban...

Section 4969.08 | Receiver.

...When a railroad, the whole or part of which lies within this state, has been placed by order of a court in the hands of a receiver who has taken charge of and is operating it for the purpose of carrying passengers, freight, and doing such other things as ordinarily belong to the running and management of railroads, in his official capacity, such receiver may sue or be sued in the courts of this state without leave pr...

Section 4969.09 | Application of funds - lien.

...The earnings of a railroad in the hands of a receiver, and all other money which comes into his hands as receiver, shall be applied first to pay: (A) Costs and expenses of the suit in which he was appointed; (B) The expenses of operating and managing the railroad, including materials and supplies procured by him for it; (C) The liabilities incurred by him in such operation and management. Judgments recovered agai...

Section 5502.39 | Emergency management agency service and reimbursement fund.

...There is hereby created in the state treasury the emergency management agency service and reimbursement fund. The fund shall consist of the money collected under sections 5502.21 to 5502.38 of the Revised Code. All money in the fund shall be used to pay the costs of administering programs of the emergency management agency.

Section 5502.40 | Emergency management assistance compact.

...this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical,...

Section 5502.41 | Intrastate mutual aid compact.

...(A) As used in this section: (1) "Chief executive of a participating political subdivision" means the elected chief executive of a participating political subdivision or, if the political subdivision does not have an elected chief executive, a member of the political subdivision's governing body or an employee of the political subdivision appointed by the governing body's members to be its representative for ...

Section 5502.411 | Weapons during declared emergency.

...(A) As used in this section: (1) "Ammunition" has the same meaning as in section 2305.401 of the Revised Code. (2) "Concealed handgun license," "deadly weapon," "firearm," and "valid concealed handgun license" have the same meanings as in section 2923.11 of the Revised Code. (3) "Licensee" has the same meaning as in section 2923.124 of the Revised Code. (B) The transport, storage, sale, transfer, commerce in,...

Section 5502.42 | Civil defense certificate of necessity - application.

...Application for a civil defense certificate of necessity shall be filed at such time, in such manner, and in such office as may be prescribed by rule adopted pursuant to section 5502.51 of the Revised Code, but no later than the expiration of six months after the beginning of construction, reconstruction, erection, or installation of the structure or the acquisition of the equipment. The application shall be in such ...

Section 5502.43 | Notice and hearing prior to issuance of certificate - revocation or modification.

...Before issuing any civil defense certificate, the certifying authority shall give notice in writing by registered mail to the tax commissioner, and, in case the application relates to a structure, written notice to the county auditor of the county in which such structure is or is to be located, and shall afford to the applicant and the tax commissioner and the county auditor to whom such notice has been given an oppo...

Section 5502.44 | Distribution of certificate.

...A civil defense certificate, when issued, shall be sent by registered mail to the applicant and notice of such issuance, in the form of certified copies thereof, shall be sent by registered mail by the certifying authority to the tax commissioner and to the county auditor of the county in which any property to which the same relates is located. Notice of the order of the certifying authority denying, revoking, or mod...

Section 5502.45 | Appeal.

...Any party aggrieved by the issuance, the refusal to issue, the revocation, or the modification of a civil defense certificate may appeal to the common pleas court of the county in which the property to which the same relates, or would relate, is located. The party desiring to appeal shall file a notice of appeal with the certifying authority setting forth the order appealed from and the grounds of his appeal. A copy ...

Section 5502.46 | Revocation due to fraud - taxes and penalties.

...Whenever a civil defense certificate is revoked because it was obtained by fraud or misrepresentation, all taxes that would have been payable had no certificate been issued shall be assessed with maximum penalties prescribed by the law applicable thereto.

Section 5502.47 | Exemption from real property tax.

...No civil defense structure shall be considered an improvement on the land on which the same is located for the purpose of real property taxation, if and from the time that a certified copy of the civil defense certificate shall have been filed in the office of the county auditor of the county in which the same is situated, and so long as such civil defense certificate shall be in force.

Section 5502.48 | Exemption from personal property tax.

...No civil defense structure or equipment shall be considered as "used in business" for the purpose of personal property taxation.

Section 5502.49 | Exemption from corporate franchise tax.

...No civil defense structure or equipment for which a civil defense certificate has been issued shall be considered as an asset of any corporation in determining the value of its issued and outstanding shares or the value of the property owned and used by it in this state for the purpose of the franchise tax.

Section 5502.50 | Cost of superior protection from attack does not increase tax value of structure.

...Where for reasons of national defense, a structure is constructed by an industry that is included on the list of critical industries as furnished by the federal emergency management agency, and the structure is located underground or in such similar fashion so as to provide superior protection against attack, that portion of the cost of the structure that is attributable to the added protection shall not be considere...

Section 5502.51 | Rules and standards for issuance of certificates.

...The director of public safety shall adopt and may amend or rescind rules and standards, consistent with sections 5502.42 to 5502.51 of the Revised Code, to govern the issuance of civil defense certificates and carry out the purposes of those sections.

Section 5502.52 | Statewide emergency alert program - abducted children - false report.

...c and commercial television and radio broadcasters, and others as deemed necessary by the governor. (B) The statewide emergency alert program shall not be implemented unless all of the following activation criteria are met: (1) The local investigating law enforcement agency confirms that an abduction has occurred. (2) An abducted child is under eighteen years of age. (3) The abduction poses a credible threa...

Section 5502.521 | AMBER alert advisory committee.

...ssociation of chiefs of police; (9) A broadcast industry designee; (10) A victim or a victim's advocate; (11) A representative from a local or regional AMBER plan; (12) A representative of any other agency or organization as deemed appropriate by the governor. (D) The governor shall select one member to serve as chairperson for a two-year term. (E) The committee may meet periodically to review and evaluate the ...

Section 5502.522 | Statewide emergency alert program.

...ic and commercial television and radio broadcasters, and others as determined necessary by the governor. No name shall be given to the program created under this division that conflicts with any alert code standards that are required by federal law and that govern the naming of emergency alert programs. (B) The statewide emergency alert program shall not be implemented unless all of the following activation criter...

Section 5502.53 | Statewide blue alert program.

...c and commercial television and radio broadcasters, the state's cable systems, and others as considered necessary by the governor. (C) A statewide blue alert shall be activated if all of the following activation criteria are met: (1) A local law enforcement agency confirms that a law enforcement officer has been seriously injured or killed, and a suspect has not been apprehended, or that a law enforcement off...

Section 5502.54

...cal or regional alert. (D) Any radio broadcast station, television broadcast station, or cable system participating in the escaped convict alert program or in any local or regional alert program, and any director, officer, employee, or agent of any station or system participating in either type of alert program, shall not be liable to any person for damages for any loss allegedly caused by or resulting from the sta...

Section 5502.61 | Criminal justice services definitions.

...As used in sections 5502.61 to 5502.66 of the Revised Code: (A) "Federal criminal justice acts" means any federal law that authorizes financial assistance and other forms of assistance to be given by the federal government to the states to be used for the improvement of the criminal and juvenile justice systems of the states. (B)(1) "Criminal justice system" includes all of the functions of the following: (...

Section 5502.62 | Office of criminal justice services - powers and duties.

...(A) There is hereby created in the department of public safety a division of criminal justice services. The director of public safety, with the concurrence of the governor, shall appoint an executive director of the division of criminal justice services. The executive director shall be the head of the division. The executive director shall serve at the pleasure of the director of public safety. To carry out the dutie...

Section 5502.63 | Poster and brochure describing safe firearms practices and information regarding human trafficking.

...(A) The division of criminal justice services in the department of public safety shall prepare a poster and a brochure that describe safe firearms practices. The poster and brochure shall contain typeface that is at least one-quarter inch tall. The division shall furnish copies of the poster and brochure free of charge to each federally licensed firearms dealer in this state. As used in this division, "federally li...

Section 5502.64 | Metropolitan county criminal justice services agency - powers and duties.

...(A) A county may enter into an agreement with the largest city within the county to establish a metropolitan county criminal justice services agency, if the population of the county exceeds five hundred thousand or the population of the city exceeds two hundred fifty thousand. (B) A metropolitan county criminal justice services agency shall do all of the following: (1) Accomplish criminal and juvenile justice syste...

Section 5502.65 | Metropolitan county criminal justice services agency - funding, supervisory board.

...(A)(1) When funds are available for criminal justice purposes pursuant to section 5502.64 of the Revised Code, the division of criminal justice services shall provide funds to metropolitan county criminal justice services agencies for the purpose of developing, coordinating, evaluating, and implementing comprehensive plans within their respective counties. The division of criminal justice services shall provide fund...

Section 5502.66 | Metropolitan county criminal justice services agency - administrative planning district, criminal or juvenile justice coordinating council.

...(A) In counties in which a metropolitan county criminal justice services agency does not exist, the division of criminal justice services shall discharge the division's duties that the director of public safety requires it to administer by establishing administrative planning districts for criminal justice programs. An administrative planning district shall contain a group of contiguous counties in which no county h...